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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 31, 2010, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on May 31, 201, and KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the same court on August 3, 2017.
On December 2, 2017, the Defendant, while under the influence of alcohol content of 0.146% during blood transfusion at around 13:17, driving a B Spo-type car at a about 10m section from the front day of the Han Chang Information Information Network in Busan Sogsan-dong to the front day of the annual salary park in the same Dong.
As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Investigation report (No. 7 No. 5 of the evidence list);
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (compact of summary orders with driving force);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (i.e., the fact that the accused has committed a serious pening of his/her misconduct and thus has not committed a second offense in the future; and (ii) there is no previous criminal record subject to a fine heavier than a fine for the same kind of crime);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. An order to attend a course under Article 62-2 of the Criminal Act;